LS202 Lecture Notes - Mens Rea, Due Process, Halfway House

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Published on 15 Apr 2013
School
University of Waterloo
Department
Legal Studies
Course
LS202
Regularotry Offences
February-14-13
10:55 AM
Regulatory ffnces
o A non-criminal offence that reulates conduct in the public interest, sich as securities
regulations. Regulatory offences are often dealth with at administrative tribunals and
not in a court setting
Ontario water reserouces act
Competetion act
o Due process
o Governemtn delageats powers to agnecies
Set standers and regulations
Powers
Fines
Send back to prisons
De-certify professionals
Revoke licences
Deportaion
Other punishments
o Impartial bodies ensure that the governemtnts authority is excercised in a fair and non-
discriminaotry way
o Membaers
Specilizaed knowledge, training, education and or expereince
Should have autonomy
Act according to regulations and legistlation
Use of regulatory offences
o Minimum standers of conduct
o Dfederal, provincial, territorial
False misleading advertising, the production of dangerous priducts, regulations
regarding the handling and packaging of food products, poluuopnt control , scfety
issues in the workplace stnaders of weights and measures, the control of natural
resources
Public policy objecties
True crimes and regulatory offences
o True crimes
Inherently wrong - harmfuo to the population
More sever penalties, social stigman and criminal record
o Regulatory offnces
Lawful
Protect the public from actions of business, industry etc
Less serious
Quasit-criminal, qusi-judicial powers
Absolute liability
o True crimes - crown must prove all elements b.a.r.d.
o Regulatory offences - crown just prove the actus reus
o Many though unjst
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Document Summary

Regulatory ffnces: a non-criminal offence that reulates conduct in the public interest, sich as securities regulations. Regulatory offences are often dealth with at administrative tribunals and not in a court setting. Competetion act: due process, governemtn delageats powers to agnecies. Impartial bodies ensure that the governemtnts authority is excercised in a fair and non- discriminaotry way: membaers. Use of regulatory offences: minimum standers of conduct, dfederal, provincial, territorial. False misleading advertising, the production of dangerous priducts, regulations regarding the handling and packaging of food products, poluuopnt control , scfety issues in the workplace stnaders of weights and measures, the control of natural resources. True crimes and regulatory offences: true crimes. More sever penalties, social stigman and criminal record: regulatory offnces. Protect the public from actions of business, industry etc. Absolute liability: true crimes - crown must prove all elements b. a. r. d, regulatory offences - crown just prove the actus reus, many though unjst.

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